Garcia

A jury convicted defendant Jose Juan Garcia of willfully failing to register as a sex offender. (See Pen. Code, § 290, subds. (a)(1), (g)(2).) 1 In his defense, he claimed he was unaware of the registration requirement, but the jury evidently disbelieved him. On appeal, he unsuccessfully argued that the trial court erred in failing to instruct the jury that a conviction for willful failure to register requires proof of actual knowledge of the registration requirement. As we explain, we agree with defendant that section 290 requires a showing he actually knew of the registration requirement, and we agree that the court erred in failing to so instruct, but we also find the error harmless under the circumstances in this case.

Defendant admitted two prior “strike” convictions (§ 1170.12, subd. (a)) and one prior prison term enhancement (§ 667.5, subd. (b)). The court struck one of the strike allegations, as well as the prison term enhancement, and *748 sentenced defendant to a total term of six years in prison (twice the aggravated three-year term). (See § 1170.12, subd. (c)(1).) In addition to the mens rea issue previously mentioned, we also will discuss whether the court…

I agree with the majority that a conviction of the crime of willful failure to register as a sex offender (Pen. Code, § 290) 1 requires proof that the defendant had actual knowledge of the registration requirement. I disagree, however, with the majority’s conclusion that here the trial court’s failure to instruct the jury on the element of knowledge was harmless.

I

In 1990, defendant entered a no contest plea to two crimes requiring registration as a convicted sex offender. At that time the prosecutor told *760 defendant, “You will be required to register under Penal Code Section 290,” but he did not explain what such registration entailed. Defendant was sentenced to prison.

Upon defendant’s release on parole in 1993, he signed a form acknowledging that he had been told of his duty to register “with a law enforcement agency” and to do so “within 14 days of coming into any city, county or city and county in which [he was] domiciled.” He was immediately deported to Mexico, but he later returned illegally to California. In September 1995, defendant was driving a car when a police officer stopped him for a minor traffic violation. Defendant had no driver’s license and gave a false…

A jury convicted defendant Jose Juan Garcia of willfully failing to register as a sex offender. (See Pen.Code, § 290, subds. (a)(1), (g)(2).) [1] In his defense, he claimed he was unaware of the registration requirement, but the jury evidently disbelieved him. On appeal, he unsuccessfully argued that the trial court erred in failing to instruct the jury that a conviction for willful failure to register requires proof of actual knowledge of the registration requirement. As we explain, we agree with defendant that section 290 requires a showing he actually knew of the registration requirement, and we agree that the court erred in failing to so instruct, but we also find the error harmless under the circumstances in this case.

Defendant admitted two prior "strike" convictions (§ 1170.12, subd. (a)) and one prior prison term enhancement (§ 667.5, subd. (b)). The court struck one of the strike allegations, as well as the prison term enhancement, and sentenced defendant to a total term of six years in prison (twice the aggravated three-year term). (See § 1170.12, subd. (c)(1).) In addition to the mens rea issue previously mentioned, we also will discuss whether the court…